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A North Dakota Living Will is a legal document that outlines your preferences with regard to health care, such as your acceptance or refusal of a medical treatment or procedure, in addition to the... Read more

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Making a Living Will in North Dakota

  • What is a North Dakota Living Will?

    A North Dakota Living Will is a legal document that outlines your preferences with regard to health care, such as your acceptance or refusal of a medical treatment or procedure, in addition to the (optional) appointment of a chosen agent or decision maker.

    The person making a Living Will is known as the "principal," while the individuals or entities obtaining authority to carry out the principal's wishes are called "agents." Designed for residents of North Dakota, this free Living Will can be used in Grand Forks County, Cass County, Burleigh County, and in every other part of the state. Any North Dakota Living Will form from Rocket Lawyer can be fully customized for your unique situation. With this document on hand, your healthcare facilities will have a point of reference for your preferences, and your agent will be able to provide confirmation that they have been authorized to make choices for you when you are not able.

  • How do I write a Living Will in North Dakota?

    It's fast and simple to outline your medical preferences with a free North Dakota Living Will template from Rocket Lawyer:

    1. Make the document - Provide a few details, and we will do the rest
    2. Send or share it - Go over it with your healthcare agent or seek legal advice
    3. Sign it and make it legal - Required or not, notarization/witnesses are a best practice

    This route is often much less expensive than hiring a conventional lawyer. If necessary, you may prepare this Living Will on behalf of a family member, and then have them sign it when ready. Please remember that for a Living Will to be considered legally valid, the principal must be a mentally competent adult when they sign. In the event that the principal is already incapacitated and unable to make their own decisions, a conservatorship might be necessary. In this scenario, it's important to speak to an attorney.

  • Do I need to write a Living Will?

    Everyone over 18 years old ought to have a Living Will. Although it's difficult to think about, a time may come when you aren't able to make medical decisions on your own. Typical situations where it may be useful to make or update your Living Will include:

    • You are preparing to live in a community care facility
    • You are managing a terminal illness
    • You are aging or have declining health
    • You are undergoing a medical procedure that requires anesthesia

    Whether your North Dakota Living Will has been generated as part of a long-term plan or made as a result of a change in your health, witnesses and notarization are strongly encouraged as a best practice for protecting this document and your agent if someone disputes their power and authority. In North Dakota, a Living Will is not valid during pregnancy.

  • Do I need an attorney to review my Living Will in North Dakota?

    Making a Living Will is normally simple; however, you or your agent(s) could have legal questions. Having an attorney look over the document may take a long time if you do it alone. An easier approach might be to request help from the On Call attorney network. Premium members are able to request advice from an attorney with relevant experience or pose other legal questions. As always, you can be confident that Rocket Lawyer is here by your side.

  • How much would I typically need to pay to make a Living Will in North Dakota?

    The cost of finding and working with your average legal provider to draft a Living Will might add up to anywhere between two hundred and one thousand dollars, depending on where you are. When you use Rocket Lawyer, you aren't just filling out a Living Will template. If you ever require support from a lawyer, your membership offers up to a 40% discount when you hire an attorney from our On Call network.

  • Is anything else required after making a North Dakota Living Will?

    With a Premium membership, you may make edits, save it as a Word or PDF document, or print it. When you are ready to finish up your North Dakota Living Will form, it will need to be signed. You will need to send a copy of your fully signed document to your agent(s), care providers, and other impacted parties.

  • Does a Living Will need to be notarized or witnessed in North Dakota?

    The specific guidelines and restrictions for Living Wills will vary in each state; however, in North Dakota, your document needs to be signed by a notary public or two witnesses. At least one witness to your Living Will form must not be anyone providing you with direct health care or long-term care, or any employee of such a provider. Family members (including your spouse or adoptees), heirs, and beneficiaries also cannot be witnesses. As a basic rule, witnesses will need to be at least 18 years old, and no witness should simultaneously be your healthcare agent.

    North Dakota Living Will Laws: ND Stat § 23-06.5-05

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